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부산고등법원 2015.05.12 2014나6794

구상금등

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. The reasons why this Court shall explain this part of the basic facts are as follows: “The part is added to the last 4th of the judgment of the court of first instance,” and each “Defendant C” of not more than 5 pages 1 is the same as the corresponding part of the judgment of the court of first instance except where “Co-Defendant C” is applied to “Co-Defendant C of the court of first instance,” and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

In addition, the policyholder and the guarantor stipulate that they compensate for the obligation on the basis of Korean won converted at the time of the payment of insurance money (Article 3(2) of each guarantee insurance contract of this case)

2. Determination as to the defendants' claims

A. According to the above facts in determining the cause of the claim, the Defendants are joint and several surety for the amount of indemnity under each guarantee insurance contract of this case, and they are jointly and severally liable to the Plaintiff, and the Plaintiff is obligated to pay insurance money and damages for delay paid to the Commercial Bank of Ethartia under each guarantee insurance contract of this case.

B. On June 1, 2012, the Plaintiff paid USD 378,223.40,00 in total to the Commercial Bank Ethiopia under each guarantee insurance contract of this case as seen earlier.

In this regard, the first instance court deemed that the claim amount of this case, which is a monetary claim designated in a foreign currency, constitutes a case where the Plaintiff, as the obligee, claims a foreign currency currency conversion into Korean currency by exercising the right to substitute payment (see Supreme Court Decision 2006Da72765, Apr. 12, 2007) and determined that the foreign exchange market at the time of the closing of argument in the first instance court, which is the base date for converting the claim amount into Korean currency (see Supreme Court Decision 2006Da72765, Apr. 12, 2007).

However, according to Article 3(2) of each of the guaranteed insurance contracts of this case, D, each of the guaranteed policyholders of this case, and the Defendants, a joint and several surety, are paid insurance money when the Plaintiff pays the insurance money.